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      <p>Sun Microsystems, Inc. Binary Code License Agreement</p>

      <p>READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING
THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY
SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO
YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
AGREEMENT.</p>

      <p>1. LICENSE TO USE. Sun grants you a non-exclusive and
non- transferable license for the internal use only of the accompanying
software and documentation and any error corrections provided by Sun
(collectively "Software"), by the number of users and the class of
computer hardware for which the corresponding fee has been paid.</p>

      <p>2. RESTRICTIONS Software is confidential and
copyrighted. Title to Software and all associated intellectual property
rights is retained by Sun and/or its licensors. Except as specifically
authorized in any Supplemental License Terms, you may not make copies
of Software, other than a single copy of Software for archival
purposes. Unless enforcement is prohibited by applicable law, you may
not modify, decompile, or reverse engineer Software. You acknowledge
that Software is not designed, licensed or intended for use in the
design, construction, operation or maintenance of any nuclear facility.
Sun disclaims any express or implied warranty of fitness for such uses.
No right, title or interest in or to any trademark, service mark, logo
or trade name of Sun or its licensors is granted under this Agreement.</p>

      <p>3. LIMITED WARRANTY. Sun warrants to you that for a
period of ninety (90) days from the date of purchase, as evidenced by a
copy of the receipt, the media on which Software is furnished (if any)
will be free of defects in materials and workmanship under normal use.
Except for the foregoing, Software is provided "AS IS". Your exclusive
remedy and Sun's entire liability under this limited warranty will be
at Sun's option to replace Software media or refund the fee paid for
Software.</p>

      <p>4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO
THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.</p>

      <p>5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED
BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST
REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY
OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO
USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract,
tort (including negligence), or otherwise, exceed the amount paid by
you for Software under this Agreement. The foregoing limitations will
apply even if the above stated warranty fails of its essential purpose.</p>

      <p>6. Termination. This Agreement is effective until
terminated. You may terminate this Agreement at any time by destroying
all copies of Software. This Agreement will terminate immediately
without notice from Sun if you fail to comply with any provision of
this Agreement. Upon Termination, you must destroy all copies of
Software.</p>

      <p>7. Export Regulations. All Software and technical data
delivered under this Agreement are subject to US export control laws
and may be subject to export or import regulations in other countries.
You agree to comply strictly with all such laws and regulations and
acknowledge that you have the responsibility to obtain such licenses to
export, re-export, or import as may be required after delivery to you.</p>

      <p>8. U.S. Government Restricted Rights. If Software is
being acquired by or on behalf of the U.S. Government or by a U.S.
Government prime contractor or subcontractor (at any tier), then the
Government's rights in Software and accompanying documentation will be
only as set forth in this Agreement; this is in accordance with 48 CFR
227.7201 through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
acquisitions).</p>

      <p>9. Governing Law. Any action related to this Agreement
will be governed by California law and controlling U.S. federal law. No
choice of law rules of any jurisdiction will apply.</p>

      <p>10. Severability. If any provision of this Agreement is
held to be unenforceable, this Agreement will remain in effect with the
provision omitted, unless omission would frustrate the intent of the
parties, in which case this Agreement will immediately terminate.</p>

      <p>11. Integration. This Agreement is the entire agreement
between you and Sun relating to its subject matter. It supersedes all
prior or contemporaneous oral or written communications, proposals,
representations and warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment, or other
communication between the parties relating to its subject matter during
the term of this Agreement. No modification of this Agreement will be
binding, unless in writing and signed by an authorized representative
of each party.</p>

      <p>For inquiries please contact: Sun Microsystems, Inc. 901
San Antonio Road, Palo Alto, California 94303</p>

      <p>================================================================</p>

      <p>GRID ENGINE SUPPLEMENTAL LICENSE TERMS</p>

      <p>These supplemental license terms ("Supplemental Terms")
add to or modify the terms of the Binary Code License Agreement
(collectively, the "Agreement") for Grid Engine ("Grid Engine").
Capitalized terms not defined in these Supplemental Terms shall have
the same meanings ascribed to them in the Agreement. These Supplemental
Terms shall supersede any inconsistent or conflicting terms in the
Agreement, or in any license contained within the Grid Engine Software.</p>

      <p>1. Internal Use and Development License Grant. Subject
to the terms and conditions of this Agreement, Sun grants you a
non-exclusive, non-transferable, limited license to reproduce
internally and use internally the binary form of the Grid Engine
Software for the purpose of designing, developing and testing your
compatible products.</p>

      <p>2. License to Distribute Software. In addition to the
license granted in Section 1 (Internal Use License Grant) of these
Supplemental Terms, subject to the terms and conditions of this
Agreement, Sun grants you a non-exclusive, non-transferable, limited
license to reproduce and distribute the Grid Engine Software in binary
code form only, provided that you (i) distribute the Grid Engine
Software complete and unmodified, (ii) do not remove or alter any
proprietary legends or notices contained in the Grid Engine Software,
(iii) only distribute Grid Engine Software subject to a license
agreement that protects Sun's interests consistent with the terms
contained in this Agreement, (iv) include a notice stating that the
Source Code version of the Original Code of this software (as that term
is defined in the Sun Industry License version 1.2) is available under
the terms of the Sun Industry License version 1.2 and subsequent
versions, which may be viewed at
www.gridengine.sunsource.net/license.html, and (v) agree to defend and
indemnify Sun and its licensors from and against any damages, costs,
liabilities, settlement amounts and/ or expenses (including attorneys'
fees) incurred in connection with any claim, lawsuit or action by any
third party that arises or results from the use or distribution of Grid
Engine Software.</p>

      <p>3. Termination. Either party may terminate this
Agreement immediately should any Grid Engine Software become, or in
either party's opinion be likely to become, the subject of a claim of
infringement of a patent, trade secret, copyright or other intellectual
property right.</p>

      <p>4. No support. Unless you have entered into a separate
support agreement with Sun, Sun is under no obligation to support the
Software or to provide to you any updates or error corrections
(collectively referred to as "Software Updates"). If Sun provides any
Software Updates, whether pursuant to a support agreement or otherwise,
at its sole discretion, the Software Updates will be considered part of
the Software and subject to the terms of this Agreement.</p>

      <p>5. Back-up. You have the sole responsibility to protect
adequately and backup your data and/or equipment used in connection
with the Software. Sun shall not be liable for any lost data, re-run
time, inaccurate output, work delays or lost profits resulting from
your use of the Software.</p>

      <p>6. Open Source license. The Source Code version of the
Original Code of this software is available under the terms of the Sun
Industry Standards License version 1.2 and subsequent versions, which
may be viewed at www.gridengine.sunsource.net/license.html. </p>

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